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Government’s Duty to Accommodate People with Disabilities in Natural Disasters

November 29, 2017

Hurricanes,
floods and wildfires have ravaged large swaths of the U.S. this year. Every
major natural disaster disproportionately harms society’s most vulnerable
populations, particularly people with disabilities.

Hurricane
Katrina, for example, left hundreds of thousands with disabilities stranded for
days, in some cases weeks, without access to medications, shelter, assisted
living devices and other necessities. Puerto Ricans with disabilities are
facing a similar plight following Hurricane Maria, with many unable to move
about or evacuate. In addition, with more than half the island’s hospitals
inoperable even weeks later, accessing needed care has been difficult or
impossible.

The
Department of Justice is the federal agency that enforces Title II of the
Americans with Disabilities Act (ADA), which prohibits discrimination on the basis of disability. The
Department has never issued regulations specifically addressing the government’s
ADA obligations toward disaster relief. However, in recent years, courts have
interpreted the ADA’s sweeping non-discrimination and reasonable accommodation
mandates to encompass emergency preparedness planning.

In the wake
of 2012’s Hurricane Sandy, the U.S. District Court for the Southern District of
New York issued a 119-page decision in 2013 finding New York City’s hurricane
preparedness efforts to be noncompliant with the ADA. The City subsequently
entered into a comprehensive settlement agreement with a coalition of
disability rights groups.

The
settlement required the construction of 60 accessible shelters. Along with
being architecturally accessible, the facilities must provide backup power
sources for storing emergency medications and using accessible communication
technologies, among other requirements.

As
documented extensively in the decision, thousands of people with disabilities
were stranded in high-rise buildings during Hurricane Sandy. The settlement
gave the City a four-year timeline to inventory and assess its accessible
vehicles to ensure swifter evacuations for those needing additional assistance.
The City also created a Disability and Access and Functional Needs Coordinator,
an advisory panel and a separate group for surveying post-disaster needs and
services.

The City of
Los Angeles entered into a similar agreement in 2012 addressing the
government’s responsibilities to protect people with disabilities during
earthquakes, fires and the region’s other natural disasters.

To assist
cities with crafting inclusive emergency preparedness plans, the National
Disability Rights Network has partnered with the Red Cross and FEMA’s Office of
Disability Integration and Coordination an office launched in 2010.

Click here to watch
a 14-minute 2015 film from Rooted in Rights, “The Right to be Rescued,’
about Hurricane Katrina's impact on people with disabilities.

The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.

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